For perjury in an affidavit held to bail filazer for to the debt. (k) B. to wit, on the said, &c. at, &c. aforesaid, to pay a part of the said sum of pounds, to wit, the sum of thirty-nine pounds in notes of the governor and company of the Bank of England expressed to be payable on demand, of which offer the said S. B. at the time of deposing, swearing and making of his said affidavit well knew. (g) And so the jurors aforesaid, upon their oath aforesaid, do say that the said S. B. on the said, &c. at, &c. aforesaid, before the said F. G. so as aforesaid, having a competent authority (h) to administer the said oath to the said S. B. falsely, maliciously and wickedly (i) in manner and form aforesaid, did commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, to the great damage of the said P. K. and against the peace of our said lord the king, his crown, and dignity. Middlesex. That W. G. late of, &c. gentleman, wickedly and maliciously contriving and intending unjustly to aggrieve one G. F. before deputy and also the said G. F. to great expence of his monies wickedly to Middlesex, in induce and bring and also to cause the sum of ten pounds to be infalse swearing dorsed upon a process of the court of our said lord the king of the said C. B, at Westminster, made out by the filazer of and for the said county of Middlesex, by virtue of which the said G. F. might by the name of G. F. be arrested to answer in the same court at the suit of T. H. with an intent that the said G. F. should be compelled to find bail for the aforesaid sum of ten pounds, according to the form of the statute in such case made and provided, (1) on, &c. at the parish of Saint Andrew, Holborn, in the county of Middlesex aforesaid, came in his proper person before R. B. gentleman, then deputy of R. E. esquire, then one of the filazers of the said court of Common Pleas, to wit, of and for the said county of Middlesex, (m) which said R. E. then and there was the person who by virtue of the said office of filazer, and according to the custom of the said court, made out the process of the same court (g) See (h) Some of the precedents are, (i) Some forms run, falsely and maliciously, wilfully and cor ruptly." (k) See form, 4 Wentw. 272. and next precedent, and ante 302 to 314. as to the law, &c. (1) 12 Geo. I. c. 29. (m) It is suggested in 4 Wentw. 272. whether it should be here alleged, that the filazer made out the process for Middlesex by the custom of the county, and, therefore, of right made it against the defendant, but see precedent ante 318 and 307. and the next precedent. in that behalf, against the said G. F., and the said W. G. did then and there take his corporal oath upon the Holy Gospel of God, before the said R. B. (he the said R. B. then and there having sufficient power and authority to administer the said oath to the said W. G. in that behalf) and that the said W. G. not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and little regarding the laws of this realm or the pains and penalties in the same contained, but his aforesaid oath esteeming as nothing, then and there, on, &c. at, &c. aforesaid, before the said R. B. on his oath aforesaid, falsely, maliciously, wilfully and corruptly did say, depose, swear and make affidavit in writing, which said affidavit is entitled as followeth, to wit, "In the Common Pleas," and the said affidavit so made by the said W. G. was and is as follows, that is to say, W. G. of, &c. gentleman, (meaning himself the said W. G.) maketh oath that G. F. (meaning the said G. F.) is indebted to the said T. H. (meaning the above-named T. H.) in the sum of ten pounds, on a judgment recovered by the said T. H. against the said G. F. (meaning the said G. F.) in his majesty's court of King's Bench at Westminster, whereas in truth and in fact the said G. F. at the time when he the said M. G. took his said oath and made his affidavit in form aforesaid, was not indebted to him the said T. H. in. the sum of ten pounds upon a judgment recovered by the said T. H. against the said G. F. in his majesty's court of King's Bench at Westminster, and whereas in truth and in fact the said G. F. was not then indebted to the said T. H. in the said sum of ten pounds on any account whatsoever. (1) And so the jurors, &c. do say, &c. [conclude as ante 320.] a more recent Middlesex. The jurors for our lord the king upon their oath The like being present, that S. E. late of, &c. gentleman, wickedly and mali- form. (0) ciously contriving and intending one G. W. unlawfully to aggrieve, and the said G. W. to great expence of his monies wickedly to put and bring, and also to cause the sum of 1880l. to be indorsed upon a certain process of the court of our said lord the king of the bench at Westminster, commonly called a capias ad respondendum, by virtue of which the said G.W. might be arrested to answer in the same court at the suit of the said S., E. with intent that the said G. W. should be compelled to find bail for the aforesaid sum of 18807. of the monies of this realm according to the form of the statute in such case made and provided, on, &c. at the parish of Saint An (n) See another form, negativing the debt in different ways, 4 Wentw. 231, 232. and precedents post.. Crim. Law. (0) This was the indictment, the 48 Geo. III. against Emden from the crown office. VOL. II. X. drew, Holborn, in the county of Middlesex, came in his own proper person before one F. G. then being deputy filazer for the county of Middlesex, and then and there, to wit, on, &c. at the parish aforesaid, in the county aforesaid, in due form of law was sworn, and did take his corporal oath upon the Holy Gospel of God before the said F. G. (he the said F. G. then and there having sufficient and competent power and authority to administer an oath to the said S. E. in that behalf, and that the said S. E. being so sworn as aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, then and there before the said F. G. upon his the said S. E.'s oath aforesaid, falsely, maliciously, wickedly, wilfully and corruptly did say, depose, swear and make affidavit in writing amongst other things in substance and to the effect following, that is to say, that G. W. (meaning the said G. W. before mentioned) was indebted to him the said S. E. in the sum of 18807. and upwards, for money had and received of him the said S. E. by the said G. W. and for money lent and advanced by him the said S. E. to and for the use of the said G. W. and for money paid by him the said S. E. to and for the said G. W. (as by the same affidavit affiled in the said court of our said lord the king of the bench at Westminster aforesaid, in the county of Middlesex, amongst other things more fully ap pears,) (o) whereas in truth and in fact the said G. W. in the affidavit aforesaid named, was not at the time of making the said affidavit by the said S. E. as aforesaid, indebted to the said S. E. in the sum of 18801. for money had and received of the said S. E. by him the said G. W. and for money paid by the said S. E. to said G. W. as in the said affidavit 'so made and sworn S. E. is untruly set forth, and whereas in truth and in fact the said G. W. in the said affidavit named, was not at the time of making the said affidavit by the said S. E. as aforesaid, indebted to the said S. E. in the said sum of 1880l. upon any account whatever, and whereas in truth and in fact be the said G. W. in the said affidavit named was not at the time of making the said affidavit by the said S. E. as aforesaid, indebted to the said S. E. in the sum of 1880/. or in any other sum of money whatever, and whereas in truth and in fact he the said G. W. in the said affidavit named did not at the time of making the said affidavit as aforesaid, owe to nor was he indebted to the said S. E. in the sum of 1880l. on any account whatever, and the said S. E. then and there well knew the same, to wit, at, &c. and whereas in truth and in fact he the said G. W. did not at the time of making the said affidavit by the said S. E. as aforesaid, (0) This allegation is unnecessary ante 311; nor is it necessary to and for the by the said state the jurat of the affidavit, 9 East, 445. owe to the said S. E. the said sum of 1880l. and the said S. E. then and there well knew the same, to wit, at, &c. aforesaid. And so the jurors aforesaid, upon their oath aforesaid, do say that the said S. E. on, &c. at, &c. aforesaid, upon his oath aforesaid, before the said F. G. so then and there being such deputy filazer for the said county of M. as aforesaid, and then and there having sufficient and competent power and authority to administer the said oath to the said S. E. by his own act and consent, and of his own wicked and corrupt mind and disposition in manner and form aforesaid, did falsely, &c. [as ante 320.] hold to bail, London. That T. D. late of, &c. wickedly, and maliciously For perjury contriving and intending one W. H. unlawfully to aggrieve, and in affidavit to the said W. H. to great expence of his monies wickedly to put sworn in Lonand bring, and also to cause the sum of fifty two pounds to be don before a judge of C. P. indorsed upon a process of the court of our said lord the king of the in falsely bench at Westminster, by virtue of which the said W. H. might be debt. (P) swearing to arrested, to answer in the same court at the suit of R. P. with intent that the said W. H. should be compelled to find bail for the aforesaid sum of fifty two pounds, of the monies of this realm, according to the form of the statute in such case made and provided, (q) on, &c. at L. to wit, in the parish of St. Dunstan in the west, in the ward of Farringdon without, in London aforesaid, came in his proper person before H. G. esquire, then being one of the justices of our said lord the king of the bench, and then and there, in due form of law, was sworn, and did take his corporal oath, upon the holy gospel of God, before the said H. G. (he the said H. G. then and there having sufficient and competent power and authority to administer an oath to the said T. D. in that behalf :) and that the said T. D. being so sworn as aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, then and there before the said H. G. upon his oath aforesaid, falsely, maliciously, wickedly, wilfully, and corruptly did say, depose, swear, and make affidavit in writing (amongst other things) in substance and to the effect following, that is to say, that W. H. (meaning the said W. H. above mentioned) of Banbury, in the county of Oxford, was then justly and truly indebted unto him the said T. D. in the sum of fifty two pounds of lawful money, &c. by virtue of a promissory note drawn and made for the payment of the said sum of fifty two pounds by the said W. H. to him the said T. D. and delivered to him the said T. D. by the said W. H. as by the same affidavit affiled in the (p) See Cro. C. C. 8th Ed. 339. (2) 12 Geo. I. c. 29. s. 2. For perjury in affidavit in trover sworn of C. P. in London. (8) said court of our said lord the king, of the bench at Westminster aforesaid, in the county of M. (amongst other things) more fully appears; () whereas, in truth and in fact, the said W. H. in the affidavit aforesaid named, was not at the time of making the said affidavit by the said T. D. as aforesaid indebted to the said T. D. in the said sum of fifty-two pounds in the said affidavit named, by virtue or on account of the said supposed promissory note in the said affidavit also mentioned; and whereas, in truth and in fact, he the said W. H. in the said affidavit named, never did make, draw, or deliver any promissory note whatsoever, for the payment of money by him the said W. H. to the said T. D. and whereas in truth and in fact, he the said W. H. in the said affidavit named, was not at the time of making the said affidavit as aforesaid, or at any other time, indebted to the said T. D. in the sum of fifty two pounds, on any account whatsoever; and whereas, in truth and in fact he the said W. H. in the said affidavit named, was not at the time of making the said affidavit as aforesaid, or at any other time indebted to the said T. D. in any sum of money whatsoever; and whereas in truth and in fact he the said W. H. did not at the time of making the said affidavit as aforesaid, or at any other time, owe to the said T. D. the sum of fifty two pounds, or any other sum of money, whatsoever. And so the jurors, &c. [conclude as ante 320.] That S. C. late of, &c. gent. wickedly and maliciously contriving to injure one G. W. and to cause the sum of ten pounds before deputy to be indorsed upon a certain writ of our lord the now king, called an attachment of privilege, then about to be, and which was, issued out of the court of our said lord the now king of the bench at Westminster, in the county of M. against the said G. W. at the suit of the said S. C. directed to the sheriff of —, for the purpose of arresting the said G. W. at the suit of the said S. C. in order that he might be compelled to find bail for the said sum of 10l. according to the form of the statute, in such case made and provided, heretofore to wit, on, &c. at the Prothonotaries' office in Tanfield court, Inner Temple, in the city of L. that is to say, at, &c. aforesaid, in his own proper person came before J. H. gent. then and there being deputy Prothonotary of the said court of our said lord the king of the bench at W. aforesaid, and did then and there take his corporal oath upon the holy gospel of God, and was in due manner sworn before the said (r) This allegation is unnecesary, ante 311. (*) See precedents and notes, ante 318, &c. This was before the late rule, as to holding to bail in trover. |